RAM NARAIN Vs. GHEESA

JUDGEMENT

(1.) AGGRIEVED of the reversal by the first appellate court of the judgment and decree dated 06.03.1986, passed in civil suit No.24/1976, by the Munsiff Magistrate, Malpura, District Tonk, this Second appeal has been filed by the appellants -plaintiffs (hereinafter 'the plaintiffs'). The judgment and decree dated 15.04.1994, passed by the first appellate court is therefore under challenge in this second appeal.

(2.) ON the matter coming up before this Court on 20.04.1998, this court framed the following substantial questions of law :

(3.) TO evaluate the obvious divergent contentions of the counsel for the parties before this Court, it is necessary to delve in brief into the factual matrix of the case. This is as under : The plaintiff filed a civil suit on 06.05.1976 for declaration, permanent and mandatory injunction with regard to a house within an enclosure (Bada) in village Tatya, Gram Panchayat Sawariya, Panchayat Samiti Todaraisingh stating that the land in dispute was allotted to him on 13.12.1959 by the village Panchayat Sawaria on deposit of Rs.12/ - and an allotment letter issued in his favour. Stating that since the date of allotment the plaintiff was in possession of the suit property described in para 1 of the plaint, it was submitted that the said property was being used inter alia for storing fodder, agricultural equipments and to tie the plaintiff's animal therein. According to the plaintiff, on or about 01.12.1975, the defendants tried to take possession of the land detailed in the suit consequent to which proceedings under Section 145 Cr.P.C. were initiated by the Additional District Magistrate, Malpura and the suit property attached. Which order however was quashed by the Additional District Judge, Tonk. According to the plaintiff, on 03.05.1976, the defendants again threatened to take possession of the suit property. Hence the suit. Subsequently the suit was amended stating that on or about 18.05.1976, three days prior to the Local Commissioner inspecting the suit property under the order of the trial court, the defendants had taken possession thereof and made constructions thereon. In these circumstances, the plaintiff amended the suit on or about 06.10.1977 and included therein the relief of possession along with reliefs earlier prayed. The defendants' rebuttal in the written statement was that the plaintiff had no ownership of the suit property based on a patta dated 13.12.1959 issued by the Panchayat Sawariya, Panchayat Samiti Todaraisingh or otherwise nor had possession thereof. Contrarily the possession was claimed to be subsisting for a period of about 18 years prior to the filing of the suit with the defendants. It was further submitted that the Panchayat Sawariya in fact had no jurisdiction whatsoever to issue a patta in respect of a property not in its ownership or possession but in the possession of the defendants.